Delhi High Court Disposes Of Plea Alleging Favouritism In Granting Admission In School Run By Jamia Milia Islamia After It's Stand Of Formulating New Policy

Taking note of the stand of Jamia Milia Islamia that it has formulated a new policy, the Delhi High Court on Tuesday disposed of a plea which had alleged favouritism in granting admission in one of it's affiliated school namely Syed Abid Husain Senior Secondary School by way of back door entries from preparatory class to class XI.

Justice Prateek Jalan was apprised by Advocate Pritish Sabharwal appearing for Jamia Milia Islamia that it had withdrawn it's earlier policy of December 1, 2021 and a new policy had been formulated dated December 7, 2021.

According to the earlier policy, it was stated that the vacancies in all classes except Nursery, Prep, Classes I, VI , IX and XI were supposed to be filled by way of interaction/interview and that the admission would be made by way of a written examination.

The Court was informed that as per the new policy, every year a notification will be issued for inviting applications for taking admission into the school after which admissions will be allowed on the basis of the marks scored in the written examination for classes VI, IX and XI.

Furthermore, it added that in case of any casual vacancy in classes II, III, IV, V, VII and VIII, the same shall be filled by publishing a public notice. For admissions in Nursery, Prep and Class I, the same shall be based on the procedure of draw of lots.

It however added that no admission shall take place on first come first basis or by any interaction/interview in any of the category or any head in the said school.

At the outset, Sabharwal assured the Court that JMI will abide by the said policy in letter and spirit and that the petitioners will be admitted in the school in appropriate classes for the academic year 2021-22, subject to submission of the documents.

"In view of the above, the grievance raised by the petitioners in these petitions stand satisfied. The petitions are therefore disposed of, noting the policy dated 07.12.2021 formulated by JMI," the Court said.

The Court had earlier summoned the Registrar of Jamia Milia Islamia and the Principal of the respondent school in the matter.

The plea moved through Advocates Iram Peerzada and Mohd. Sarfaraz alleged that the Chairman of Jamia Schools Admission Committee and the In-Charge of the Respondent School that granted admission under the "paid seat category" had no legal authority or sanction to do so.

"The Chairman, J ami a Schools Admission Committee I CoB, i.e. Respondent No. 3 and the In-Charge, Respondent School, i.e. Respondent No.4, the manner in which they have proceeded, it clearly depicts that it has opened a Pandora's Box of back door entry on the basis of nepotism and favoritism," the plea had added.

It was also stated that the entire process of admission in the Respondent school was a "colorable exercise of power" resulting in flagrant violation of Articles 14, 21 and 21A of the Constitution of India.

Title: SHIFA v. JAMIA MILLIA ISLAMIA & ORS.

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